Social Host Liability

Q.  What Is Social Host Liability?

A.  Under Minnesota social host liability laws, adults who serve or provide alcohol to minors can be held liable if the person who was provided alcohol kills or injures another person.  Minnesota does not allow a civil cause of action against a social host who provides alcohol to those who are 21 or over.  Note, that social host laws vary from state-to-state.

Q.  Why Is Social Host Liability Important?

A.   The most common sources of alcohol are the young person's own home or from persons over the age of 21 who purchase alcohol for them.  Social host liability may deter parents and other adults from hosting underage parties and purchasing/providing alcohol for underage youth.

Q.  How has social host liability evolved in Minnesota?
A.  In 1911 when the legislature passed the Civil Damages Act, it imposed civil liability against any person who illegally sells, barters or GIVES intoxicating liquor causing the intoxication of the person for whose injuries damages are sought.

In 1977, the legislature deleted the words or gives from the statute, taking away any liability from any social host.  The result was that the Civil Damages Act applied only to a commercial vendor of liquor.

In 1990 Minn. Stat. '340A.801 (6) was passed which reads as follows: Nothing in this chapter precludes common law tort claims against any person 21 years old or older who knowingly provides or furnishes alcoholic beverages to a person under the age of 21 years.

In 2000, the Minnesota Legislature expanded the civil liability to any person who knowingly or recklessly permitted consumption of a minor that resulted in harm (Minn. Stat.340A.90).

340A.90 CIVIL ACTION; INTOXICATION OF PERSON UNDER AGE 21.

Subdivision 1.  Right of action. (a). A spouse, child, parent, guardian, employer, or other person injured in person, property, or means of support, or who incurs other pecuniary loss, by an intoxicated person under 21 years of age or by the intoxication of another person under 21 years of age, has for all damages sustained a right of action in the person's own name against a person who is 21 years or older who:

(1) had control over the premises and, being in a reasonable position to prevent the consumption of alcoholic beverages by that person, knowingly or recklessly permitted that consumption and the consumption caused the intoxication of that person; or

(2) sold, bartered, furnished or gave to, or purchased for a person under the age of 21 years alcoholic beverages that caused the intoxication of that person. This paragraph does not apply to sales licensed under this chapter.

(b) All damages recovered by a minor under this section must be paid either to the minor or to the minor's parent, guardian, or next friend as the court directs.

(c) An intoxicated person under the age of 21 years who caused the injury has no right of action under this section.

Subd. 2. Subrogation claims denied. There shall be no recovery by any insurance company for any subrogation claim pursuant to any subrogation clause of the uninsured, underinsured, collision, or other first-party coverages of a motor vehicle insurance policy as a result of payments made by the company to persons who have claims that arise in whole or in part under this section.

Subd. 3.[Expired]History: 2000 c 423 s 1

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